Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > General Chat

General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

Closed Thread
 
LinkBack Thread Tools
  #11 (permalink)  
Old 08-06-2012, 09:50 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Mess View Post
Separation date is valuation date for assets. Any money that comes in after separation shouldn't be valued for equalization. The couple should be truly separated though; there may be an argument that they didn't mean it, it was a trial separation, etc.
Although lottery winnings are non-taxible it would be hard to say if the court would not consider it under the rules for the determination of child support etc... This is where all the Rules where they state it can be changed by the judge in an evaluation of the circumstance...

Also, if someone won the lottery after it would probably become a hotly contested issue. It is a very "hypothetical" situation. I haven't heard of any cases like this and couldn't find anything in CanLII similar...

The friend in question probably doesn't have to worry about lottery winning as the probability of winning is so damn low that it would be best to worry about when you actually do win the lottery.

Quote:
Originally Posted by Mess View Post
Why would lottery winnings be any different than the paycheques you receive after separation? You get paid, you save some of your money, your investment account builds up, why isn't that money matrimonial property? Because you are separated.
Then they come for it as SS and CS... Hypothetically speaking, I think most people if they won say 10+million would shave off a million to give to the other parent just to keep the peace and not waste time and money before the court trying to find out if any of our theories would be correct.

Quote:
Originally Posted by Mess View Post
The Family Law Act spells it out:An issue that could come up, was the lottery ticket bought before separation? Or, did the couple have a longstanding agreement where they bought a ticket each week and played the same numbers? This kind of arrangement also comes up in disputes when a group of people buy tickets regulary, but perhaps one forgot to put in their dollar that week. So in separation agreements you would often see a release of any claim to lottery winnings, to avoid any later claims like that. It's not that the lottery winnings are family property, but there might be a contractual claim made.
Another way to look at it... If that much money comes into play all the lawyers will come out of the woodwork looking for their cut in a situation like this...

Good Luck!
Tayken
  #12 (permalink)  
Old 08-06-2012, 10:18 AM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

There was an news article 2 or 3 years ago where a guy won the lottery and his ex wife suddenly wanted to get back together. I'll see if I can dig that up...
  #13 (permalink)  
Old 08-06-2012, 10:24 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Mess View Post
There was an news article 2 or 3 years ago where a guy won the lottery and his ex wife suddenly wanted to get back together. I'll see if I can dig that up...
Ya that one was interesting. I think that he had the lottery ticket prior to separation in that one. I think he fled to somewhere in the tropics or something like that. It was a really weird story from what I recall. Big legal battle etc...
  #14 (permalink)  
Old 08-06-2012, 10:27 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Laurain v. Clarke, 2011 ONSC 7195 (CanLII)

Date: 2011-12-02
Docket: FS 10 2356 00
URL: CanLII - 2011 ONSC 7195 (CanLII)
Citation: Laurain v. Clarke, 2011 ONSC 7195 (CanLII)

Quote:
[26] Dalton v. Craig reflex, (2002), 33 R.F.L. (5th) 63, [2002] O.J. No. 4686, 2002 CarswellOnt 42 (Ont. C.A.), But see Waese v. Bojman reflex, (2001), 19 R.F.L. (5th) 220, [2001] O.J. No. 2009, 2001 CarswellOnt 1813 (ON. S.C.) The proceeds of a lottery win are not “income”: Szpytko v. Szpytko 2001 CanLII 28134 (ON SC), (2001), 20 R.F.L. (5th) 186, [2001] O.J. No. 2888, [2001] O.T.C. 566, 2001 CarswellOnt 2565 (ON. S.C.)
Helmy v. Helmy, 2000 CanLII 22452 (ON SC)

Date: 2000-11-10
Docket: C38999/96
Parallel citations: 12 RFL (5th) 68
URL: CanLII - 2000 CanLII 22452 (ON SC)
Citation: Helmy v. Helmy, 2000 CanLII 22452 (ON SC)

Quote:
[1] The Helmy family has been torn apart by this dispute over money. The amount involved is 2.5 million dollars won in a Lotto 649 draw on February 23, 1991. The family extends to four siblings in Canada and five others in Egypt, three of whom have died in the meantime. The web of deception among the family members stretches between the two countries and over nine years.

[2] The plaintiff, Rose Frieda Helmy, is the defendant Mohamed Gamil Helmy’s former wife. They were married in 1971, separated on March 30, 1991 and divorced on June 27, 1992. Rose has sued Mohamed, all his brothers and sisters, or their estates, some of their spouses and their mother for conspiracy to defraud her of her share of the 2.5 million dollars. Mohamed says he won the lottery, and admits he hid it from Rose. He says he arranged to have his brother, the defendant Ashraf (Andrew) Helmy, claim the winnings on his behalf so he could hide the money from Rose. Andrew and his wife Jolanta claim that Andrew was the real winner of the lottery; they allege that Rose and Mohamed have been conspiring against them since 1994 for their own joint gain. The defendant Foutna Thakib is Mohamed and Andrew’s sister. She and her husband Mourad Thakib, claim she and Mohamed were joint purchasers of the winning lottery ticket, and therefore joint winners of the 2.5 million dollars.
(CanLII is such a powerful tool.)
  #15 (permalink)  
Old 08-09-2012, 06:17 PM
Senior Member
 
Join Date: Feb 2009
Location: Barrie Ontario
Posts: 727
fireweb13 is on a distinguished road
Send a message via MSN to fireweb13
Default

I would imagine that the lotto Winnings would not come into play, but any interest you make off it would be considered earnings and that would be where would you have to pay.
  #16 (permalink)  
Old 08-09-2012, 10:24 PM
Senior Member
 
Join Date: Feb 2010
Posts: 669
Nadia is on a distinguished road
Default

The family across the street from our home knew that Egyptian family mentioned above very well. It turned out they lost most of the money to litigation.

My neighbor is employed as an accountant with the Tax Office and repeatedly tells me not to waste any money on lottery tickets because mathematically the chances of actually winning are so slim. I tell him I buy a ticket once a while to buy a little hope that I would one day be able to afford a nice home for me and the children. I would also consider buying two very large dogs. So that next time my ex turned up unannounced at my residence, I'd sit back and enjoy watching him being chased around my front lawn. Priceless.

Last edited by Nadia; 08-09-2012 at 10:26 PM.
  #17 (permalink)  
Old 08-10-2012, 12:09 AM
hadenough's Avatar
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

I confess.. I purchase lottery tickets. I know I've got a better chance of being struck by lightning (5x!) ... But still, it's that little bit of (desperate) "hope." I would try very hard to not be the one who 'claimed' the prize. That might be easier said than done. Cameras are everywhere and most lottery tickets (the ones that are printed out) all have codes imprinted on them as to which retailer 'sold' the ticket. Yes, lol I have thought this out
  #18 (permalink)  
Old 08-10-2012, 12:12 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,960
arabian will become famous soon enough
Default

I'd give my ex's g/f a pre-paid face life in Mexico. Anonymous of course.
  #19 (permalink)  
Old 08-10-2012, 12:19 AM
hadenough's Avatar
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

Nadia, lol - the gates at the front of the house and high privacy walls would keep the troll out. The dogs could simply bark and growl @him through the wrought-iron gates
  #20 (permalink)  
Old 08-10-2012, 12:25 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,960
arabian will become famous soon enough
Default

A prepaid all-inclusive package to a place in Haiti might also be a nice thing.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Question about Child and Spousal Support deevusone Divorce & Family Law 13 05-09-2012 10:08 PM
Hello and child support question noelle78 Introductions 13 01-25-2011 09:55 PM
Curious question. hrobins Divorce & Family Law 0 03-08-2010 09:47 PM
Curious divorce question Kimberley Divorce & Family Law 12 05-28-2009 06:24 PM
Curious question Kimberley Divorce & Family Law 3 10-24-2008 11:45 AM


All times are GMT -4. The time now is 11:49 PM.